Opinion
June 19, 1967
Appeal by the claimant from a decision of the Workmen's Compensation Board disallowing her claim for death benefits on the ground that there was no causal relationship between decedent's death and a prior work-connected heart attack. On March 7, 1959 decedent sustained a myocardial infarction as the result of a work-connected accident. Decedent received an award for his resulting period of disability and on August 7, 1961 the case was closed. Then on April 11, 1964, while bowling, decedent suddenly collapsed and died of an acute coronary thrombosis. Claimant's position is that the March, 1959 attack was a contributing factor to the fatal attack and resulting death and she has introduced expert testimony to that effect. The employer, however, has introduced expert testimony that there was no causal relationship between decedent's death and the accident causing the infarct in 1959. The resolution of this conflicting medical testimony is factual and, therefore, is within the sole province of the board. Accordingly, since we can find advanced no compelling reason why the board could not accept the position of the employer's expert, the board's determination must be affirmed. The fact that in other factually similar cases awards have been rendered (cf., e.g., Matter of McConville v. McConville, 10 A.D.2d 117) is, of course, not controlling. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Reynolds, J.